You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). After granting an order of protection, the court shall provide the order to a law enforcement agency or a constable as set forth in subsection J of this section for service or to an entity that is authorized in subsection K of this section to serve process. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. Search. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. How do you know whether spyware has been installed on your device? Formulario de informacin sobre el emplazamiento. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents,
If you feel that you have been, or are imminently about to be: threatened, unlawfully harassed, physically abused, subjected to workplace harassment or victimized by domestic violence, you may come to the Gilbert Municipal Court anytime during public business hours to request a protective order. Protective Orders served before 9/24/22 are in effect for one year from date of service. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. Injunctions Against Harassment are in effect for one year from date of service.. For each order of protection that is issued by a superior court judge or commissioner, the order of protection shall by served by the sheriff or constable of the county where the defendant can be served. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. Arizona voters passed Proposition 207 in November, 2020. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. 6. the person causing harm knows details about private conversations you've had with others and has had access to your devices. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Thursday, November 10, 2022 12:22 PM, Address:
13-3602, an Emergency Order of Protection See A.R.S. An order of protection shall not be granted: 1. To find an attorney, contact: To complete the process of asking for an Order of Protection, you must file your petition with an Arizona court. The father or mother of your child or your unborn child. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. An order expires two years after service on the defendant. Relationship between you and the defendant. M. The order shall include the following statement: This is an official court order. If you would like your personal information protected, it must specifically be requested.Please refer to the following website to locate an Arizona Order of Protection or Injunction Against Harassment Packet: Protective Order FormsPlease refer to the following website to find a court in your area that may be able to assist you with Orders of Protection: Arizona Court LocatorORDERS OF PROTECTION A.R.S. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. Name and address, if known, of the defendant. After the hearing, the court may modify, quash or continue the order. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. You are only allowed one hearing. The conduct can be any conduct which is harassment. 3. Orders of Protection are not valid until served on the defendant. There is NO FEE to use AZPOINT. If law enforcement has not been able to serve the order within 15 days, you may be asked to give the law enforcement agency more information about the defendant. Only a judge can modify an Order of Protection. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. including reliance on their contents. The paperwork will include a Petition in which you will be required to provide specific acts of domestic violence and name each individual you believe should be included as a protected person. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. 12-1810. Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. Your information will be saved in AZPOINT for up to 90 days. P. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. An Order of Protection ( A.R.S. B. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. A hearing date will be set and the plaintiff will be notified of the hearing. The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. While the Protective Order Petition may be completed on paper, you may be asked to recopy your information onto a multipart form or one that is specific to the courthouse where you file. The first awards for this scholarship are . 4. In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . Provide your petition number to court staff. A person who believes that they themselves or a family member are or may become victims of domestic violence may submit a request (petition) to any court for the issuance of an order of protection. Site Map. T. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. Ryan Edwards has found himself in more legal trouble. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. The Order of Protection must be served within one year of its issuance. If the Judge grants your Petition for Order of Protection, the court will send the Order of Protection and a copy of the petition out for servicetoday, unless the court delays it. Please allow at least two hours to complete the process and be prepared to describe all incidents between yourself and person from whom you are seeking protection. Find My Court. One of the parties is a parent, grandparent, in-law or sibling, Someone with whom you are having a romantic or sexual relationship, One party pregnant by the other party or someone with whom you have a child in common, Yourrelative, or your current spouse'srelative (contact the Court for specific relatives), The defendantmust have committed acts of harassment, Criminal Trespass - first, second or third degree, Prohibits a person from coming near a home, work site, school, or other locations listed on the court order, Prohibits a person from contacting you by phone, email, text, mail, or other means listed on the court order, Does not resolve landlord/tenant disputes, Does not change custody or visitation orders. assaults, including use of a dangerous weapon or causing serious bodily harm; interferes with the custody of a child unlawfully; criminally trespasses or criminally damages; disorderly conduct or stalks; uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend; Your address information (this information is confidential). A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. Go to https://azpoint.azcourts.gov/ to get started. If the individual that requested the Protective Order would like the court to consider dismissing the Order, they must go to theProtective Order Center with a valid picture I.D. A person that you were previously or are currently involved with either romantically or sexually. Please be aware that not all requests are granted and some may require a court hearing with the person you are seeking protection from before issuance. An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant. A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. Only a Superior Court Judge can decide child custody or parenting time in a separate action.ONE DEFENDANT: A separate petition must be filed for each defendant. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. Information for residents who have the privilege to serve on a Jury. A relationship does not have to exist between the two parties, as is required with an Order of Protection.Provided is a sample form for both the Order of Protection and the Injunction Against Harassment. Only a judge can dismiss or quash an Order of Protection. If there is an action for maternity, paternity, annulment, legal separation or dissolution of marriage pending between the parties, The Petition must be filed in the
if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you
Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. There is no fee to use AZPOINT. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. The petition number is needed to retrieve your petition and otherinformation from the portal. The files and forms are not intended to be used to engage in the unauthorized
01. How to Request a Hearing on an Order of Protection: How to Dismiss or Quash an Order of Protection: The father or mother of your child or your unborn child. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. Please allow at least two hours for the entire process. 2. Free parking is located on the south side of the court complex. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal. If the Judge grants your petition for an Order of Protection the court will immediately send the Order of Protection and a copy of the petition for service on the defendant. Name, date of birth, and address of the person you are seeking protection from, Past or present court proceedings involving yourself and the person from whom you seek protection, Address and phone number of the person where the Protective Order can be served, If the Protective Order is not served within one year, it automatically expires. How? If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. For more information on protective orders, please see staff at any of our four locations. Your information will be saved in AZPOINT for up to 90 days. The court cannot delay sending the order out for service for more than 72 hours. Any dangerous crime against a child under 15 years of age which includes: second degree murder; aggravated assault resulting in serious physical injury or involving the discharge, use or threatening use of a deadly weapon or dangerous instrument; sexual assault; molestation of a child; sexual conduct with a minor; commercial sexual exploitation of a minor; sexual exploitation of a minor; child abuse; kidnapping; sexual abuse or continuous sexual abuse of a child; taking a child for the purpose of prostitution; child prostitution; involving or using minors in drug offense. provide you with legal recourse if the person served with a protective order violates the order. For more information, click. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). The judge will decide whether there's a legal basis to issue a protective order. Your roommate or your former roommate. 5. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. If the Defendant does not want contact with you they have the right to request a protective order against you.LAW ENFORCEMENT STANDBY: If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. The Victims' Rights Unit can also work with you in the development of a safety plan if needed.An Order of Protection is a legal restraint used to prohibit a person from committing an act of domestic violence or from contacting people protected by the order. Injunctions Against Harassment can be issued for individuals and workplaces. Advocates are not attorneys and do not give legal advice, but they are available to speak to victims regarding questions concerning domestic violence and the process to obtain an Order of Protection or Injunction Against Harassment. The defendant may commit an act of domestic violence. forms, and information for any lawful purpose. . 2. When you have provided the minimum required information to file a petition, you will be "court ready" and will receive a confirmation number and information about next steps. To make a payment for cases, please click here. If you are asking for an Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction, if the judge issues it. 2. Regular orders of protection can now remain effective for two years . If your relationship does not fit into one of these categories, read about Injunctions against Harassment at the bottom of this page.The defendant is: AND(B). An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant.